PROTEST, REQUEST FOR STAY OF AWARD, AND CLAIM FOR COSTS
Before the [OFFICE OF MANAGEMENT AND BUDGET / GOVERNMENT SUPPORT SERVICES / AGENCY]
In the Matter of: [PROTESTER LEGAL NAME]
Solicitation/Contract No.: [SOLICITATION OR CONTRACT NUMBER]
Agency: [CONTRACTING AGENCY FULL NAME]
Protest No.: [DOCKET NUMBER (IF APPLICABLE)]
[// GUIDANCE: This template is drafted for use in filing a post-award or pre-award bid protest under Delaware procurement law (29 Del. C. Chapter 69) and applicable regulations. Customize bracketed placeholders and confirm all cited procurement rules against the most current versions before filing.]
TABLE OF CONTENTS
- Document Header
- Recitals
- Definitions
- Jurisdiction and Standing
- Operative Provisions
- Representations & Certifications
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Certificate of Service
- Exhibit Index
1. DOCUMENT HEADER
This Protest is submitted by [PROTESTER LEGAL NAME] ("Protester"), against [CONTRACTING AGENCY FULL NAME] (the "Agency") concerning Solicitation/Contract No. [SOLICITATION OR CONTRACT NUMBER] (the "Solicitation"). This Protest is governed by Delaware procurement law, 29 Del. C. Chapter 69, and applicable regulations (collectively, the "Applicable Law").
2. RECITALS
A. WHEREAS, the Agency issued the Solicitation on [DATE] for [BRIEF DESCRIPTION OF PROCUREMENT];
B. WHEREAS, Protester timely submitted a proposal on [DATE];
C. WHEREAS, on [DATE OF AGENCY ACTION], the Agency [announced its intent to award/awarded] the contract to [AWARDEE NAME] (the "Awardee");
D. WHEREAS, Protester believes the Agency's conduct is inconsistent with the Applicable Law;
E. WHEREAS, Protester files this Protest within the time required by applicable regulations;
F. NOW, THEREFORE, Protester files this Protest and requests the relief set forth herein.
3. DEFINITIONS
"Awardee" means [AWARDEE NAME], the offeror selected for award.
"Competitive Prejudice" means that, but for the Agency's error, Protester would have had a substantial chance of receiving the award.
"Corrective Action" means measures taken by the Agency to remedy procurement errors.
"Protest Grounds" has the meaning set forth in Section 5.2.
4. JURISDICTION AND STANDING
4.1 Jurisdiction. This Protest is properly before the appropriate protest authority under 29 Del. C. Chapter 69.
4.2 Standing. Protester is an actual or prospective bidder whose direct economic interest is affected.
4.3 Timeliness. This Protest is filed within the time period required by applicable procurement rules.
5. OPERATIVE PROVISIONS
5.1 Statement of Relevant Facts
[PLACEHOLDER - Provide a concise chronological narrative of the procurement.]
5.2 Grounds of Protest
Protester asserts the following grounds:
- ☐ Evaluation Errors: Deviation from stated evaluation criteria
- ☐ Unequal Discussions: Disparate treatment of offerors
- ☐ Best-Value Tradeoff Flaws: Irrational best-value determination
- ☐ Organizational Conflict of Interest
- ☐ [ADDITIONAL GROUNDS AS APPLICABLE]
5.3 Requested Remedies
Protester requests:
1. Sustain the Protest;
2. Recommend Corrective Action;
3. Stay further contract performance;
4. Award reasonable costs; and
5. Provide other appropriate relief.
6. REPRESENTATIONS & CERTIFICATIONS
6.1 Accuracy. Protester certifies statements herein are true and correct.
6.2 No Pending Litigation. No other action concerning this matter is pending.
7-11. [STANDARD PROVISIONS]
[Standard covenants, default provisions, risk allocation, dispute resolution, and general provisions apply per Delaware law.]
12. EXECUTION BLOCK
| PROTESTER: | [PROTESTER LEGAL NAME] |
| By: | _______________________________ |
| Name: | [AUTHORIZED REPRESENTATIVE] |
| Title: | [TITLE] |
| Date: | [DATE] |
13. CERTIFICATE OF SERVICE
I certify that on [DATE], a copy of this Protest was served on the parties via [METHOD].
14. EXHIBIT INDEX
- Exhibit A: Solicitation/Amendments
- Exhibit B: Protester's Proposal (Redacted)
- Exhibit C: Agency Materials
- Exhibit D: Supporting Declaration(s)
DELAWARE-SPECIFIC PROCEDURAL NOTES
- Delaware bid protests are governed by 29 Del. C. Chapter 69 and applicable regulations.
- Protests must be filed in writing with the appropriate procurement official.
- Verify current protest procedures and deadlines under applicable regulations.
- Appeals may be available to the Superior Court depending on the circumstances.
[// GUIDANCE: Under Delaware procurement law, verify current protest procedures and deadlines under 29 Del. C. Chapter 69 and applicable regulations.]